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Processing Change for EB-5 Petitions

3 Feb

On January 29, 2019, USCIS announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach effective March 31, 2020. The new visa availability approach is scheduled to apply to petitions pending as of March 31, 2020. According to USCIS, the new approach is expected to give adjudication priority to Form I-526 petitions held by EB-5 Investors whose visa numbers are immediately available, or soon available, based on their country of birth. EB-5 Applicants from countries where visa numbers are immediately available may now potentially efficiently use their annual per-country allocation of EB-5 visas. While further guidance and clarification are expected from USCIS, Foster will continue to monitor the development of the change.
USCIS will hold a public engagement on March 13, 2020, from 11:00 a.m. to 12:00 p.m.  (ET), to provide further information and answer questions from the public about this change.
For questions on how this change may affect you, and/or your dependents, we invite you to schedule a consultation with Foster LLP.